What Is A Usufruct?

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With many South Africans encouraged to practise social distancing to help ‘flatten the curve’ of the coronavirus contagion, there is a focus on planning ahead for your future, executing a valid will or updating an existing will.  When we are dealing with estate planning usufructs are often considered when we want a vulnerable family member […]

Update: Lost title deeds

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In February 2019 the Chief Registrar of Deeds issued a circular to announce that the Deeds Registries Regulations Board (the Board) had decided to suspend the implementation of the amendments to regulation 68 of the Deeds Registries Act 47 of 1937 announced in February 2019. However on 1 November 2019 the Minister of Rural Development […]

Purchase of immovable property by a company to be formed

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Section 21 of the Companies Act 71 of 2008 (“the Act”) provides for an exception to the common law rule that a person cannot bind a non-existent principal. The Act provides in Section 21(1) that a person may enter into a written agreement on behalf of a company not yet in existence at the time. […]

The age old question surrounding fixtures and fittings: What stays and what goes?

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When selling their properties, sellers are not always aware of the rules around fixtures and fittings and what should stay and what may be removed. The “golden” rule in South African property law is that everything built on or attaching to the land, forms part of the land. The rule aims to protect land ownership […]

Antenuptial contracts: Financially safeguarding yourselves

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Getting married is more than just saying “I do” and choosing a wedding cake: you must also choose a marital property regime. This is not planning for divorce, but rather, planning for one’s future! There are three marital regimes to choose from, each with their own advantages and disadvantages: Marriage in community of property: your […]

Can I obtain financing if I don’t own immovable property as security?

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The article gives a brief overview of what a notarial bond is, the requirements that need to be complied with to register a notarial bond and give tips regarding clauses that will prove to be useful in a notarial bond. It also deals with the situation where a debtor disposes of an asset listed in […]

Can my property be used for Airbnb?

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When deciding whether to become an Airbnb host, it’s important for you to understand how the laws work in your city. According to Brett Herron, the mayoral committee member for transport and urban development at the City of Cape Town, different holiday accommodation land use types, such as B&Bs and guest houses, are regulated by the […]

Renting property to foreigners

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Renting property in South Africa is a straightforward process. The country has a vast selection of rental accommodation including bachelor flats in apartment blocks, Victorian cottages, stand-alone houses with big gardens, and semi-detached units in modern townhouse complexes. In South Africa, the right of a foreigner to purchase immovable property was restricted in the past […]

Damage to property

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What happens when your property has been purposefully damaged, especially during an altercation?   Uber car torching During the road closures by meter taxis in Johannesburg on October 27 2017, two Uber drivers’ cars were set alight. A total of thirty meter taxi drivers were arrested for traffic disruption on the R21 and R24 highways […]

Can the future development of a property be stopped?

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The provincial heritage resources authority (PHRA) granted a permit in terms of Section 34 of the National Heritage Resources Act 25 of 1999 for the demolition of a structure that was older than 60 years and situated on a property with no formal heritage status. By doing so, conditions were imposed controlling future development on […]

Can my property be used for Airbnb?

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When deciding whether to become an Airbnb host, it’s important for you to understand how the laws work in your city.   According to Brett Herron, the mayoral committee member for transport and urban development at the City of Cape Town, different holiday accommodation land use types, such as B&Bs and guest houses, are regulated by […]

Fearing Foreclosure: What are your rights as the homeowner?

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The recent junk status announcement has shaken us into a quick action of tightening our belts and letting go of luxuries to afford our day to day expenses. This financial condition inhibits the possibility of purchasing a new house, let alone affording your current home.  Have you thought about what you would do if your […]

Renting property to foreigners

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Renting property in South Africa is a straightforward process. The country has a vast selection of rental accommodation including bachelor flats in apartment blocks, Victorian cottages, stand-alone houses with big gardens, and semi-detached units in modern townhouse complexes. In South Africa, the right of a foreigner to purchase immovable property was restricted in the past […]